State v. Maskell

Defendant appeals his conviction for arson, assigning as error the denial of his motion to suppress. He contends that his confessions were involuntary and that their admission at his trial violated Article I, section 12, of the Oregon Constitution and the Fifth Amendment of the United States Constitution.1 We reverse and remand.

Detective Greisen visited defendant at his residence to inquire about a fire in the neighborhood. Defendant is mentally retarded. After Greisen read him the Miranda rights, defendant said that he had not been involved. Greisen asked him to take a polygraph examination.…